OMAHA, Neb (KMTV) — Jason Kilburn wasn't even aware that he might be a father when he first heard of a baby girl named Caroline.
"After I saw pictures of her I felt like she was mine. So I started the process of getting a DNA test," said Kilburn
The circumstances of Caroline's birth were unusual. She was born in Council Bluffs but not at a hospital.
Her biological mother, who Jason had broken up with months before Caroline's birth, had her custody rights terminated soon after her birth and Caroline was surrendered to the custody of DHHS.
At the time Caroline had no birth certificate, social security number or even a name instead the system assigned her a name Unakite Thirteen Hotel.
“It was one of those situations where I thought there has to be a better answer. But the reality was it became clear that Caroline, Unakite, didn’t have a social security number. Didn’t have a birth certificate and doesn’t have an identity,” said Josh Livingston, an attorney representing Jason.
Jason immediately went through the steps to establish paternity, and started with a DNA test.
DHHS initially refused the test and even threatened Jason with charges of child endangerment because of the circumstances of Caroline’s birth, despite Jason not being involved with her birth or even aware that she had been born.
But Jason wasn’t giving up and to get his foot in the door he filed with the state to pay child support.
“That really blew their mind down there. They said we have never had a guy come down and say hey I want to pay child support, well that is the only way I wouldd get a DNA test,” said Kilburn.
Just like he suspected, Caroline was Jason’s daughter and soon he was awarded custody.
Once Jason had custody of Caroline DHHS closed her case but unknown to Jason at the time DHHS had never obtained a birth certificate for Caroline or social security number.
“I can’t get medical insurance on her. I can’t claim her on my taxes I can’t even sign her up for daycare because they want a social security number too for insurance purposes,” said Kilburn.
“We have sought to re-open the case. That was ultimately denied by the court on some technicality grounds. We are at the point where we don’t know what to do,” said Livingston.
Kilburn and his attorney have done everything they can to get the state to re-open the case.
Without reopening the case they can’t get Caroline a valid birth certificate or SSN, and without a birth certificate they can’t legally change her name meaning according to the system, she is still Unakite Thirteen Hotel.
We reached out to DHHS to ask about Caroline’s case and spoke with Jeff Powell, director of communications for DHHS. Below is an excerpt from my conversation with Powell.
“What I can tell you is the department is working with the fathers attorney to resolve this issue and we are hoping to have that resolved soon,” said Powell
“For sure but Jeff im gonna be honest with you I just spoke with the attorney twenty minutes ago and he says you are not working with him to resolve this issue,"
“Right and again I can’t get into specifics but we are hoping to get this resolved,” said Powell.
